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1091. Limitation of use of timber taken from public lands not to apply to certain territory.—That the provisions of chapter five hundred and fifty-nine of the Revised Statutes of the United States, approved March third, eighteen hundred and ninety-one (16 U. S. C., sec. 607], limiting the use of timber taken from public lands to residents of the State in which such timber is found, for use within said State, shall not apply to the south slope of Pryor Mountains, in the State of Montana, lying south of the Crow Reservation, west of the Big Horn River, and east of Sage Creek; but within the above-described boundaries the provisions of said chapter shall apply equally to the residents of the States of Wyoming and Montana, and to the use of timber taken from the above-described tract in either of the abovenamed States. (Mar. 3, 1901, 31 Stat. 1439; 16 U. S. C., sec. 613.)

1092. Rights of Saginaw & Manistee Lumber Co. to cut timber on lands within Coconino and Tusayan National Forests extended; condition; limitation. That the rights of the Saginaw and Manistee Lumber Co., and its successors in interest, to cut and remove the timber from such of the lands within the Coconino and Tusayan National Forests as were reconveyed to the United States, subject to outstanding timber-right contracts held by said company, under the rules, regulations, and conditions imposed by the Secretary of the Interior at the time of said reconveyance, are hereby extended to and until the thirty-first day of December, anno Domini nineteen hundred and fifty: Provided, That said company executes and enters into an agreement with the Secretary of Agriculture to comply with such additional requirements as may be mutually agreed upon to promote forest-fire protection, reforestation, and forestry administration, and further that all its rights to cut and remove timber from any lands within said National forests are to terminate on the thirty-first day of December, nineteen hundred and fifty; but this Act shall not be construed to confer upon said company any other rights in addition to those held by the company at the time of said reconveyance, and in the absence of the execution of such an agreement, this Act shall neither extend nor restrict the present rights of said company. (Apr. 1, 1918, 40 Stat. 1358.)

1093. Exportation of timber cut on national forest or public land in Alaska.—That timber lawfully cut on any national forest, or on the public lands in Alaska, may be exported from the State or Territory where grown if, in the judgment of the Secretary of the department administering the national forests, or the public lands in Alaska, the supply of timber for local use will not be endangered thereby, and the respective Secretaries concerned are hereby authorized to issue rules and regulations to carry out the purposes of this Act. (Apr. 12, 1926, 44 Stat. 242; 16 U. S. C., sec. 616.)

1094. Secretary of Agriculture authorized to adjust contracts for sale of timber on national forests.—That the Secretary of Agriculture is hereby authorized, upon application of the contracting parties involved, and after due notice publicly given, when such action is necessary in his judgment to prevent hardship or unemployment, and under such rules and regulations as he may prescribe, to terminate any contract made prior to June 30, 1934, for the sale of timber on national forests, without requiring the payment of damages for failure to cut all of the timber involved, except as the value of the remaining timber may have been reduced by the cutting and removal done by the purchaser: Provided, That all applications for action by the Secretary under the authority of this Act shall be submitted within one year from the date of its approval. (Apr. 17, 1935, Public 38, 74th Cong.)

WILDLIFE CONSERVATION AND REHABILITATION 1095. Increasing supply of game, fur-bearing animals, and fish.—That the Secretary of Agriculture and the Secretary of Commerce are authorized to provide expert assistance to and to cooperate with Federal, State, and other agencies in the rearing, stocking, and increasing the supply of game and fur-bearing animals and fish, in combating diseases, and in developing a Nation-wide program of wildlife conservation and rehabilitation. (Mar. 10, 1934, sec. 1, 48 Stat. 401; 16 U. S. C., sec. 661.)

1096. Investigation as to effect of sewage and trade waste on fish and game.—The Secretary of Agriculture and the Secretary of Commerce are authorized to make such investigations as they may deem necessary to determine the effects of domestic sewage, trade wastes. and other polluting substances on wildlife, with special reference to birds, mammals, fish, and shellfish, and to make reports to the Congress of their investigations with recommendations for remedial measures. Such investigations shall include studies of methods for the recovery of wastes and the collation of data on the progress being made in these fields for the use of Federal, State, municipal, and private agencies. (Mar. 10, 1934, sec. 2, 48 Stat. 401; 16 Ù. S. C., sec. 662.)

1097. Use and regulation of impounded waters; dams.-(a) Whenever the Federal Government, through the Bureau of Reclamation or otherwise, impounds water for any use, opportunity shall be given to the Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of the impounded waters for fish-culture stations and migratory-bird resting and nesting areas as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States. In the case of any waters heretofore impounded by the United States, through the Bureau of Reclamation or otherwise, the Bureau of Fisheries and/or the Bureau of Biological Survey may consult with the Bureau of Reclamation or other governmental agency controlling the impounded waters, with a view to securing a greater biological use of the waters not inconsistent with their primary use and/or the constitutional rights of the States and make such proper uses thereof as are not inconsistent with the primary use of the waters and/or the constitutional rights of the States.

(b) Hereafter, whenever any dam is authorized to be constructed, either by the Federal Government itself or by any private agency under Government permit, the Bureau of Fisheries shall be consulted, and before such construction is begun or permit granted, when deemed necessary, due and adequate provision, if economically practicable, shall be made for the migration of fish life from the upper to the lower and from the lower to the upper waters of said dam by means of fish lifts, ladders, or other devices. (Mar. 10, 1934, sec. 3, 48 Stat. 401; 16 U.S.C., sec. 663.)

1098. Plans for protection of wildlife.-The Office of Indian Affairs. the Bureau of Fisheries, and the Bureau of Biological Survey are

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authorized, jointly, to prepare plans for the better protection of the wildlife resources, including fish, migratory waterfowl and upland game birds, gamé animals and fur-bearing animals, upon all the Indian reservations and unallotted Indian lands coming under the supervision of the Federal Government. When such plans have been prepared they shall be promulgated by the Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agriculture, who are authorized to make the necessary regulations for enforcement thereof and from time to time to change, alter, or amend such regulations. (Mar. 10, 1934, sec. 4, 48 Stat. 402; 16 U. S. C., sec. 664.)

1099. Certain Governmental agencies authorized to make surveys of wildlife resources.—The Bureau of Biological Survey and the Bureau of Fisheries are hereby authorized to make surveys of the wildlife resources of the public domain, or of any lands owned or leased by the Government, to conduct such investigations as may be necessary for the development of a program for the maintenance of an adequate supply of wildlife in these areas, to establish thereon game farms and fish-cultural stations commensurate with the need for replenishing the supply of game and fur-bearing animals and fish, and, in cooperation with the National Park Service, The Forest Service, or other Federal agencies, the State agencies, to coordinate and establish adequate measures for wildlife control on such game farms and fish-cultural stations: Provided, That no such game farm shall hereafter be established in any State without the consent of the legislature of that State. (Mar. 10, 1934, sec. 5, 48 Stat. 402; 16 U.S. C., sec. 665.)

1100. Governmental agencies authorized to cooperate with States, etc.; and accept donations, etc.-- In carrying out the provisions of this Act [16 U. S. C., secs. 661-666] the Federal agencies charged with its enforcement may cooperate with other Federal agencies and with States, counties, municipalities, individuals, and public and private agencies, organizations, and institutions, and may accept donations of lands, funds, and other aids to the development of the program authorized in this Act [16 U. S. C., secs. 661–666] : Provided, however, That no such donations of land shall be accepted without consent of the legislature of the State in which such land may be situated : Provided, That no authority is given in this Act [16 U. S. C., secs. 661-666] for setting up any additional bureau or division in any department or commission, and shall not authorize any additional appropriation for carrying out its purposes. (Mar. 10, 1934, sec. 6, 48 Stat. 402; 16 U. S. C., sec. 666.)

1101. Allocation of moneys appropriated by Public Resolution No. 11, approved April 8, 1935, for acquisition of wildlife refuges. The President of the United States is hereby authorized to allocate out of moneys appropriated to him under the terms of Public Resolution Numbered 11, Seventy-fourth Congress, approved April 8, 1935, such sum as he may deem necessary

or advisable for the acquisition by purchase, or otherwise, including the necessary expenses incidental thereto, of areas of land and water or land or water for game bird and animal refuges and for migratory bird sanctuaries and refuges, to be expended in accordance with the provisions of the said

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Public Resolution Numbered 11. (June 15, 1935, sec. 501, title V, Public 148, 74th Cong.)

1102. Continuance of appropriation of June 16, 1933, to enable Secretary of Agriculture to provide for restoration, etc., of wildlife, and erect buildings, dikes, canals.—That there is hereby appropriated out of the unexpended balance of the sum of $3,300,000,000 appropriated by the Act of June 16, 1933 (48 Stat. 274), making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1933, and for other purposes, the sum of $6,000,000, which shall remain available until expended, to enable the Secretary of Agriculture to acquire by purchase or otherwise such lands as may be necessary in his opinion adequately to provide for the restoration, rehabilitation, and protection of migratory waterfowl and other wildlife and to erect and construct thereon and in connection therewith such buildings, dikes, dams, canals, and other works as may be necessary; and in the execution of this Act the Secretary of Agriculture is authorized to make such expenditures for personal services in the District of Columbia and elsewhere as he shall deem necessary. (June 15, 1935, title VII, Public 148, 74th Cong.)

GAME AND BIRD PRESERVES; PROTECTION

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1103. National Bison Range.--The President is hereby directed to reserve and except from the unallotted lands now embraced within the Flathead Indian Reservation, in the State of Montana, not to exceed 20,000 acres of said lands, near the confluence of the Pend d'Oreille and Jocko rivers, for a permanent national bison range for the herd of bison presented by the American Bison Society.

* And the Secretary of Agriculture is hereby authorized and directed to inclose said lands with a good and substantial fence and to erect thereon the necessary sheds and buildings for the proper care and maintenance of the said bison. (May 23, 1908, 35 Stat. 267; Mar. 4, 1909, 35 Stat. 1051; 16 U.S. C., sec. 671.)

1104. Wind Cave National Game Preserve.-For the establishment of a national game preserve to be known as the Wind Cave National Game Preserve, upon the land embraced within the boundaries of the Wind Cave National Park, in the State of South Dakota, for a permanent national range for a herd of buffalo to be presented to the United States by the American Bison Society, and for such other native American game animals as may be placed therein. The Secretary of Agriculture is authorized to acquire by purchase or condemnation such adjacent lands as may be necessary for the purpose of assuring an adequate, permanent water supply, and to enclose the said game preserve with a good and substantial fence and to erect thereon all necessary sheds and buildings for the proper care and maintenance of the said animals, twenty-six thousand dollars, to be available until expended. (Aug. 10, 1912, 37 Stat. 293; 16 U. S. C., sec. 672.)

1105. Wind Cave National Game Preserve transferred to Department of Interior.—That, effective July 1, 1935, the Wind Cave National Game Preserve in the State of South Dakota, be, and the same is hereby, abolished, and all the property, real or personal, comprising the same is hereby transferred to and made a part of the Wind Cave National Park and the same shall hereafter be administered by the

Secretary of the Interior as a part of said park, subject to all laws and regulations applicable thereto, for the purposes expressed in the Act of August 10, 1912 (37 Stat. 268–293),

establishing said game preserve. (June 15, 1935, sec. 601, title VI, Public 148, 74th Cong.)

1106. Wyoming elk reserve. For the establishment of a winter game (elk) reserve in the State of Wyoming, which shall be located in that section of Wyoming lying south of the Yellowstone Park, and shall include not less than two thousand acres in township forty-one north, ranges one hundred and fifteen and one hundred and sixteen west, forty-five thousand dollars, to be available until expended, and the Secretary of Agriculture is hereby authorized to purchase said lands with improvements, to erect necessary buildings and inclosures, and to incur other expenses necessary for the maintenance of the reserve. The Secretary of Agriculture is hereby authorized to include in said refuge and to inclose not more than one thousand acres of unoccupied public lands, which, when selected, shall be made to conform to the lines of the public surveys, and shall be adjacent to or partly inclosed by said refuge. (Aug. 10, 1912, 37 Stat. 293; Mar. 4, 1913, 37 Stat. 847; 16 U. S. C., sec. 673.)

1107. Acceptance of title to land to become part of Winter Elk Refuge.—That the Secretary of Agriculture be, and he is hereby, authorized to accept, on behalf of and without expense to the United States, from the Izaak Walton League of America, or its authorized trustees, a gift of certain lands in Teton County, Wyoming, described as the south half of section 4; the east half of the southeast quarter of section 5; the southwest quarter of the southeast quarter of section 5; the south half of the southwest quarter of section 5; the southeast quarter of the northeast quarter of section 7; the east half of the southeast quarter of section 7; the southwest quarter of the southeast quarter of section 7, and lot 4 of section 7; all of section 8; the north half of the northeast quarter of section 9; the north half of the northwest quarter of section 9; and the southwest quarter of the northwest quarter of section 9; the north half of the northeast quarter of section 17; lot 1 of section 18; and the east half of the northwest quarter of section 18; all in township 41 north, range 115 west, of the sixth principal meridian, including all the buildings and improvements thereon, and all rights, easements, and appurtenances thereunto appertaining, subject to the conditions that they be used and administered by the United States, under the supervision and control of the Secretary of Agriculture, for the grazing of, and as a refuge for, American elk and other big game animals, and that they be known as the Izaak Walton League addition to the winter elk refuge: Provided, That upon the conveyance of said lands to the United States, as herein provided, they shall become a part of the winter elk refuge established pursuant to the authority contained in the Act of August 10, 1912(Thirty-seventh Statutes at Large, page 293) [16 U. S. C., sec. 673], and shall be subject to any laws governing the administration and protection of said refuge. (Feb. 25, 1927, 44 Stat. 1246; 16 U. S. C., sec. 673a.)

1108. Sullys Hill National Park Game Preserve. For the improvement of a game preserve in Sullys Hill National Park, in the State of North Dakota, $5,000, the same to be available until expended. The Secretary of Agriculture is authorized to inclose the said park

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